House Study Bill 240 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON GOVERNMENT OVERSIGHT BILL BY CHAIRPERSON KOESTER) A BILL FOR An Act relating to the liability of a land holder for the 1 public use of private lands and waters for a recreational 2 purpose or urban deer control. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2536YC (4) 85 av/rj

H.F. _____ Section 1. Section 461C.1, Code 2013, is amended to read as 1 follows: 2 461C.1 Purpose. 3 The purpose of this chapter is to encourage private owners 4 holders of land to make land and water areas available to the 5 public for a recreational purposes purpose and for urban deer 6 control by limiting an owner’s a holder’s liability toward 7 persons entering onto the owner’s holder’s property for such 8 purposes. The provisions of this chapter shall be construed 9 liberally and broadly in favor of private holders of land to 10 accomplish the purposes of this chapter. 11 Sec. 2. Section 461C.2, subsections 3, 5, and 6, Code 2013, 12 are amended to read as follows: 13 3. “Land” means private land located in a municipality 14 including that is one or any combination of the following: 15 abandoned or inactive surface mines , ; caves , and ; land used 16 for agricultural purposes , including ; marshlands , ; timber , ; 17 grasslands ; and or the privately owned roads, water paths, 18 trails, waters , water courses, private ways and exteriors and 19 interiors of buildings, structures , and machinery , or equipment 20 appurtenant thereto. “Land” includes land that is not open to 21 the general public. “Land” also includes private land located 22 in a municipality in connection with and while being used for 23 urban deer control. 24 5. “Recreational purpose” means the following or any 25 combination thereof: Hunting, trapping, horseback riding, 26 fishing, swimming, boating, camping, picnicking, hiking, 27 pleasure driving, motorcycling, all-terrain vehicle riding, 28 nature study, water skiing, snowmobiling, other summer 29 and winter sports, and viewing or enjoying historical, 30 archaeological, scenic, or scientific sites while going to and 31 from or actually engaged therein includes but is not limited 32 to any activity undertaken for recreation, sport, exercise, 33 education, relaxation, pleasure, or any combination of those 34 activities . “Recreational purpose” includes the activity of 35 -1- LSB 2536YC (4) 85 av/rj 1/ 5

H.F. _____ accompanying another person who is engaging in such activities. 1 “Recreational purpose” is not limited to active engagement in 2 such activities, but includes entry onto, use of, passage over, 3 and presence on any part of the land in connection with or 4 during the course of such activities. 5 6. “Urban deer control” means deer hunting with a bow 6 and arrow on private land in a municipality, without charge, 7 as authorized by a municipal ordinance, for the purpose 8 of reducing or stabilizing an urban deer population in the 9 municipality. “Urban deer control” is not limited to active 10 engagement in the activity of urban deer control but includes 11 entry onto, use of, passage over, and presence on any part 12 of the land in connection with or during the course of such 13 activity. 14 Sec. 3. Section 461C.3, Code 2013, is amended to read as 15 follows: 16 461C.3 Liability of owner holder limited. 17 1. Except as specifically recognized by or provided in 18 section 461C.6 , an owner a holder of land owes no does not 19 owe a duty of care to keep the premises safe for entry or use 20 by others for a recreational purposes purpose or urban deer 21 control, or to give any warning of a dangerous condition, use, 22 structure, or activity on such premises to persons entering for 23 such purposes. 24 2. Except as specifically recognized by or provided in 25 section 461C.6, a holder of land does not owe a duty of care 26 to others solely because the holder is guiding, directing, 27 supervising, or participating in any recreational purpose or 28 urban deer control undertaken by others on the holder’s land. 29 Sec. 4. Section 461C.4, unnumbered paragraph 1, Code 2013, 30 is amended to read as follows: 31 Except as specifically recognized by or provided in section 32 461C.6 , a holder of land who either directly or indirectly 33 invites or permits without charge any person to use such 34 property for a recreational purposes purpose or urban deer 35 -2- LSB 2536YC (4) 85 av/rj 2/ 5

H.F. _____ control does not thereby: 1 Sec. 5. Section 461C.4, Code 2013, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 2A. Assume a duty of care to such person 4 solely because the holder is guiding, directing, supervising, 5 or participating in any recreational purpose or urban deer 6 control undertaken by the person on the holder’s land. 7 Sec. 6. Section 461C.5, Code 2013, is amended to read as 8 follows: 9 461C.5 Duties and liabilities of owner holder of leased land. 10 Unless otherwise agreed in writing, the provisions of 11 sections 461C.3 and 461C.4 shall be deemed applicable to the 12 duties and liability of an owner a holder of land leased, or 13 any interest or right therein transferred to, or the subject of 14 any agreement with, the United States or any agency thereof, 15 or the state or any agency or subdivision thereof, for a 16 recreational purposes purpose or urban deer control. 17 Sec. 7. Section 461C.6, Code 2013, is amended to read as 18 follows: 19 461C.6 When liability lies against owner holder . 20 Nothing in this chapter limits in any way any liability which 21 otherwise exists: 22 1. For willful or malicious failure to guard or warn against 23 a dangerous condition, use, structure, or activity. 24 2. For injury suffered in any case where the owner holder of 25 land charges the person or persons who enter or go on the land 26 for the recreational use thereof or for deer hunting, except 27 that in the case of land or any interest or right therein, 28 leased or transferred to, or the subject of any agreement 29 with, the United States or any agency thereof or the state or 30 any agency thereof or subdivision thereof, any consideration 31 received by the holder for such lease, interest, right , or 32 agreement shall not be deemed a charge within the meaning of 33 this section . 34 Sec. 8. Section 461C.7, subsection 2, Code 2013, is amended 35 -3- LSB 2536YC (4) 85 av/rj 3/ 5

H.F. _____ to read as follows: 1 2. Relieve any person using the land of another for a 2 recreational purposes purpose or urban deer control from any 3 obligation which the person may have in the absence of this 4 chapter to exercise care in the use of such land and in the 5 person’s activities thereon, or from the legal consequences of 6 failure to employ such care. 7 EXPLANATION 8 This bill relates to the public use of certain private lands 9 and waters. The bill amends Code chapter 461C whose purpose, 10 set out in Code section 461C.1, is to encourage private owners 11 of land to make their land and water areas available to the 12 public for recreational purposes and for urban deer control, 13 by limiting the landowners’ liability to persons who enter 14 onto their land to pursue such activities. The bill makes the 15 entire Code chapter applicable to holders of land (including 16 tenants and others in control), not just landowners. 17 The bill relates to the recent decision rendered by the Iowa 18 Supreme Court in Sallee v. Stewart, (No. 11-0892) (Iowa 2013). 19 The bill modifies the definitions of “land”, “recreational 20 purpose”, and “urban deer control” and includes immunity from 21 liability for land holders with respect to specified ancillary 22 activities or persons. 23 The bill broadens the definition of the land and water areas 24 included in such limitations of liability and provides that 25 such land does not have to be open to the general public to 26 be subject to the protections of Code chapter 461C. The bill 27 defines “land” to include private land within a municipality 28 used for urban deer control. 29 The bill also broadens the definition of the activities 30 that constitute a “recreational purpose” by providing that 31 “recreational purpose” includes but is not limited to any 32 activity undertaken for recreation, sport, exercise, education, 33 relaxation, pleasure, or any combination thereof. In addition, 34 the bill provides that “recreational purpose” includes a 35 -4- LSB 2536YC (4) 85 av/rj 4/ 5

H.F. _____ person’s activity in accompanying another person who is engaged 1 in a recreational purpose. “Recreational purpose” and “urban 2 deer control” are not limited to active engagement in such 3 activities, but also include entry onto, use of, passage over, 4 and presence on any part of the land in connection with or 5 during the course of such activities. 6 The bill provides that a holder of land does not owe or 7 assume a duty of care to others solely because the holder 8 is guiding, directing, supervising, or participating in any 9 recreational purpose or urban deer control undertaken by others 10 on the holder’s land. 11 -5- LSB 2536YC (4) 85 av/rj 5/ 5